California Consumer Privacy Act Addendum

This California Consumer Privacy Act Addendum (“Addendum”) forms part of the Contract for Services under the ProsperStack Terms of Service (the "Principal Agreement"). This Addendum is an amendment to the Principal Agreement and is effective upon its incorporation to the Principal Agreement, which incorporation may be specified in the Principal Agreement or an executed amendment to the Principal Agreement. Upon its incorporation into the Principal Agreement, this Addendum will form a part of the Principal Agreement.

1. Definitions

1.1 “CCPA” means the California Consumer Privacy Act of 2018 as set forth in California Civil Code § 1798.100 et seq. and all other applicable laws or regulations relating to the Processing of Personal Information that may exist in the relevant jurisdiction.

1.2 “Business,” “Business Purpose,” “Consumer,” “Person,” “Personal Information,” “Sell,” “Service Provider,” and “Third Party” shall have the meanings set forth in the CCPA.

1.3 All other defined terms shall have the meanings set forth in the Principal Agreement.

2. Terms

2.1 The parties agree that Customer is a Business and ProsperStack is its Service Provider in relation to this Addendum and Personal Information that is Processed in the course of ProsperStack's provision of the Application Services set forth in the Addendum. The parties agree to comply at all times with the applicable provisions of the CCPA in respect to the collection, transmission, and processing of all Personal Information exchanged or shared pursuant to the Principal Agreement.

2.2 The subject-matter of the Processing of Personal Information covered by this Addendum is the Application Services ordered by Customer through Mixpanel and provided by ProsperStack to Customer as set out in the Principal Agreement.

2.3 ProsperStack certifies that it understands the restrictions set forth in Section 1798.140(w)(2)(A) of the CCPA and will comply with them.

2.4 ProsperStack shall not Sell Personal Information.

2.5 In respect of Personal Information Processed in the course of providing the Application Services, ProsperStack:

2.5.1 shall Process Personal Information only in accordance with the documented instructions from Customer (as set out in this Addendum or the Principal Agreement or as otherwise notified by Customer to ProsperStack from time to time); provided ProsperStack may Process Personal Information for Business Purposes under the CCPA or another applicable law or regulation, and in such cases Mixpanel will inform Customer of such requirement prior to the Processing unless that law prohibits this on important grounds of public interest;

2.5.2 may hire other companies to provide limited services on its behalf, provided that ProsperStack complies with the provisions of this clause. Any such subcontractors will be permitted to Process Personal Information only to deliver the Services. ProsperStack remains responsible for its subcontractors’ compliance with the obligations of this Addendum, and ProsperStack shall ensure that any subcontractors to whom ProsperStack transfers Personal Information will have entered into written agreements with ProsperStack requiring that the subcontractor abide by terms substantially similar to this Addendum; and

2.5.3 shall reasonably assist the Customer with its obligation to respond to requests from Consumers under the CCPA (including requests for information relating to the Processing, and requests relating to access, rectification, erasure or portability of the Personal Information) provided that Mixpanel reserves the right to reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance.

This CCPA addendum was last updated on January 31, 2021.

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